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<baltimore-city-law heading="§ 17.3 Post-retirement benefit increases for Class D members.">
  <section prefix="§" num="17.3" heading="Post-retirement benefit increases for Class D members.">
    <para num="(a)" heading="Scope of subsection.">This section applies to retirement benefit increases for Class D members.</para>
    <para num="(b)" heading="In general.">Except as otherwise provided in this section, an eligible retiree or beneficiary is entitled to receive a guaranteed increase in periodic benefits equal to the greater of:<para num="(1)">1.5%; or</para>
      <para num="(2)">the amount of any corresponding guaranteed post-retirement benefit increase provided by the Fire and Police Employees’ Retirement System to its members.</para>
    </para>
    <para num="(c)" heading="Eligibility.">A retiree or beneficiary is eligible for the benefit increase specified in subsection (b) of this section if:<para num="(1)">as of a particular June 30, the retiree and the beneficiary, whether individually or in combination with the other, have been receiving periodic benefit payments for at least 12 consecutive months; and</para>
      <para num="(2)">as of the preceding June 30, the Class D funded status, as defined in City Code &lt;cite data-path="|22"&gt;Article 22&lt;/cite&gt;A, § 5-3(c)(4)(ii), is 85% or more.</para>
    </para>
    <para num="(d)" heading="Modification of rate.">
      <para num="(1)">If the Class D funded status as of the preceding June 30 is less than 85%, but is 70% or more, the guaranteed increase in periodic benefits under subsection (b) of this section will be reduced to 1% for all eligible retirees and beneficiaries until the June 30 following the first ensuing June 30 as of which the Class D funded status is 85% or more.</para>
      <para num="(2)">If the Class D funded status as of the preceding June 30 is less than 70%, the guaranteed increase in periodic benefits under subsection (b) of this section will be reduced to 0% for all eligible retirees and beneficiaries until the June 30 following the first ensuing June 30 as of which the Class D funded status is 70% or more.</para>
    </para>
    <para num="(e)" heading="Date benefit increase begins.">An eligible retiree or beneficiary will receive the benefit increase beginning in January of the year following the June 30 on which he or she became eligible.</para>
    <para num="(f)" heading="Administration of benefit increases.">
      <para num="(1)">The benefit increase provided by this section shall be funded by this System as a single-premium paid-up annuity, representing the actuarially determined value of a payment stream for the life of the retiree.</para>
      <para num="(2)">It is intended that any benefit increase continue for the lifetime of the retiree and any beneficiary, consistent with the option in effect under § 9.2(k) {“Method of payment”} of this subtitle.</para>
      <para num="(3)">The guaranteed benefit increase provided by this section is effective as of each January 1, regardless of the investment performance of this System’s investment funds.</para>
      <para num="(4)">The benefit increase provided by this section is payable in the same form as the post-retirement benefit payments being received by the eligible retiree or beneficiary.</para>
      <para num="(5)">Except as required by subsection (b)(2) of this section, each eligible retiree and beneficiary shall receive an equal percentage benefit increase.</para>
    </para>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
</baltimore-city-law>
